rules department of highway safety and motor vehicles ... · 1 rules of department of highway...
TRANSCRIPT
1
RulesOf
Department of Highway Safety and Motor VehiclesDivision of Motor Vehicles
Chapter 15C-2General
Rules and Procedures for the Bureau of Mobile Homeand Recreational Vehicle Construction
RuleRule Title Number
Manufacturer and Dealer Licensing. 15C-2.001
Code Seal or Label. 15C-2.002
Fees for Mobile/Manufactured Home Code Seals, 15C-2.003Labels and Inspections.
New Duplex Mobile Homes. 15C-2.004
Van Conversions. 15C-2.0041
Red Tagging of New Mobile/Manufactured Homes. 15C-2.005
Duplex Mobile Home and Park Trailer Setup. 15C-2.0071
Setup Operation by Licensed Dealers, Manufacturers 15C-2.0072and Installers.
Installer Licensing Procedures and Requirements. 15C-2.0073
Mobile/Manufactured Home Repair and Remodeling Code. 15C-2.0081
General. 15C-2.009
Forms. 15C-2.010
Wheels, Axles and Drawbar. 15C-2.011
2
15C-2.001 Manufacturer and Dealer Licensing.
All mobile/manufactured home and recreational vehicle manufacturers and dealers shall
be licensed by the department.
Specific Authority 320.011, 320.824 FS. Law Implemented 320.8225, 320.827, 320.77 FS.
History - New 1-25-75, Amended 9-11-78, Formerly 15C-2.01, Amended 12-10-92, 4-8-99.
15C-2.002 Code Seal or Label.
(1) Duplex mobile home seals and HUD labels shall be used in sequence and reported to
the Mobile Home and Recreational Vehicle Construction Central Office, Neil Kirkman Building,
Tallahassee, Florida, on monthly forms; HSMV 81304, Manufacturer's Monthly Standards Code
Seal Report For Duplex Mobile Homes, revised 10/86; and NCSBCS-302, HUD Manufactured
Home Monthly Production Report, revised 12/95, as incorporated by reference. The above forms
may be obtained without cost by contacting the Bureau of Mobile Home and Recreational
Vehicle Construction, Department of Highway Safety and Motor Vehicles, 2900 Apalachee
Parkway, MS66, Tallahassee, Florida, 32399-0640. When the required appropriate form has not
been returned to the Central Office by the 10th of the following month, showing the inventory
and reporting the requested information on seal or label assignments, no Florida seals or HUD
labels will be issued.
(2) It will be the responsibility of the mobile/manufactured home manufacturer to affix
the appropriate seal or label to all new units, prior to the unit being shipped from the factory
location.
(3) It will be the responsibility of the mobile/manufactured home dealer to verify that the
label is affixed on all new mobile/manufactured homes prior to offering the units for sale to the
public.
3
Specific Authority 320.011 FS. Law Implemented 320.8255, 320.8256, 320.827 FS. History -
New 1-25-75, Amended 2-25-76, 9-11-78, Formerly 15C-2.02, Amended 1-1-90, 12-10-92,
4-8-99.
15C-2.003 Fees for Mobile/Manufactured Home Code Seals, Labels and Inspections.
(1) MOBILE HOME DUPLEX SEAL
A fee of twenty dollars ($20.00) shall be paid to the Division of Motor Vehicles for each
duplex mobile home seal issued to any mobile home manufacturer.
(2) REPLACEMENT SEAL
A fee of ten dollars ($10.00) shall be paid to the Division of Motor Vehicles for each
replacement seal issued to any duplex mobile home manufacturer licensed by the Division of
Motor Vehicles. In order to obtain a replacement seal for a new duplex mobile home, proof of
original assignment of a Florida seal (HSMV 81304) along with a written statement stating that
the replacement seal will be affixed only to the unit described on the proof submitted shall be
submitted to the Division of Motor Vehicles with the seal application and remittance. A
replacement seal can be ordered only by the manufacturer that purchased the original seal.
NO REFUNDS WILL BE ISSUED FOR LOST OR DAMAGED FLORIDA SEALS,
ONLY REPLACEMENTS AS OUTLINED ABOVE.
(3) HUD LABELED MANUFACTURED HOMES
A fee of thirty-two dollars ($32.00) shall be paid to the Division of Motor Vehicles for
each HUD label issued to any approved mobile home manufacturer as provided in 320.822 -
320.90. This fee will be in addition to any other fee required by HUD.
(4) HOURLY CHARGE FOR SERVICES OF INSPECTOR AND ENGINEER ON
MOBILE/MANUFACTURED HOMES DURING SPECIAL INSPECTIONS
4
(a) Manufacturers or dealers shall be charged thirty dollars ($30.00) per hour, plus
mileage (state mileage rate), for special inspections made by an authorized inspector.
(b) Manufacturers or dealers shall be charged forty-five dollars ($45.00) per hour for the
service of each DMV (Bureau of Mobile Home and Recreational Vehicle Construction) engineer
or individual assigned to carry out engineering duties.
(c) Manufacturers or dealers shall be charged thirty dollars ($30.00) per hour for
reinspections of red tagged mobile/manufactured homes if the violations or deviations have not
been properly corrected and require more than one (1) reinspection.
(d) There shall be a minimum charge of two (2) hours for each such inspection or
investigation. The time shall be accrued from the time the employee leaves his office or official
headquarters until the time he returns to his office or headquarters. Travel expenses to and from
the employee's official headquarters shall also be paid by the mobile/manufactured home
manufacturer or mobile/manufactured home dealer.
(5) GUIDELINES FOR HOURLY RATE INSPECTIONS ON
MOBILE/MANUFACTURED HOMES MANUFACTURERS AND DEALERS
(a) When notice of non-compliance is written during plant inspection and repairs or
corrections are not completed during normal time period of inspection, the unit will be red tagged
and the hourly charge will become applicable, unless red tag is removed during the next normal
inspection time or first reinspection.
(b) An hourly charge shall be assessed when the manufacturer's quality control is not
functioning and continuous violations or defects occur in the production of mobile/manufactured
homes in the manufacturing plant. Bureau personnel shall request an evaluation of the
manufacturing plant and its personnel to determine if frequency of inspection should be
5
increased, number of inspectors assigned to plant increased, plant approval cancelled or plant
certification updated.
(6) FEES
The Florida seal, HUD label, and hourly rate charges are based on the cost of inspection
and administration; therefore, fees shall be adjusted annually September 1st, based upon cost
analysis of program budgeting, pursuant to sections 320.8255 and 320.8256, F.S.
(7) RETURNED SEALS OR LABELS
Upon notification that a manufacturer has permanently closed, the license shall be
surrendered to the Division of Motor Vehicles for cancellation accompanied by all the required
reports. Upon written request a refund will be granted on all unused seals or labels that are
returned by the original purchaser.
Specific Authority 320.011 FS. Law Implemented 320.8255, 320.8256, 320.827 FS. History -
New 1-25-75, Amended 2-25-76, 9-11-78, Formerly 15C-2.03, Amended 1-1-90, 12-10-92,
5-19-94, 4-8-99.
15C-2.004 New Duplex Mobile Homes.
(1) Duplex mobile homes produced for sale in Florida must be inspected at the
manufacturing plant. Duplex mobile homes shall not be shipped from the manufacturing plant
location until an appropriate Florida Code Seal has been affixed by the manufacturer, and seal
validated by a Florida Mobile Home and Recreational Vehicle Inspector. The validation sticker
may be affixed, if the duplex mobile home has reached a terminal point in the assembly line, and
the Florida Code Seal has been affixed.
(2) Manufacturer's Certification. In order to assure that duplex mobile homes are built in
accordance with the appropriate standard, the following information shall be submitted.
6
(a) Duplex mobile home manufacturers shall notify the Mobile Home and Recreational
Vehicle Construction Engineering Office, Neil Kirkman Building, Tallahassee, Florida, in
writing, upon receipt of an order for the construction of a duplex mobile home.
(b) The following items must be submitted by the manufacturer to the Bureau of Mobile
Home and Recreational Vehicle Construction, Neil Kirkman Building, Tallahassee, Florida, prior
to the mobile home manufacturer beginning construction of the duplex mobile home.
1. Detailed working set of certified plans and specifications.
2. Manufacturer's procedure manual.
3. The original letter of certification bearing the engineer's seal and signature, and listing
the mobile home models or systems certified, with details on all construction options.
4. Date to be manufactured.
5. Dealer's name and address.
6. Duplex mobile home identification number.
7. Approximate date of shipment to the dealer.
8. Setup and Homeowner's Manual(s).
(c) If the duplex mobile home is constructed in a plant that has current HUD approval
and a Florida mobile home manufacturing license/bond, the following shall be submitted:
1. Certified floor plans for separate utility systems for each living unit.
2. 1-hour-fire-rated wall separating the living units.
3. Items number 3. through 8. listed in 15C-2.004(2)(b).
(d) A copy of the certified plans, specifications, procedure manual, and letter of
certification shall be kept on file by the manufacturer at each plant location. No Standards Code
Seals will be issued to any mobile home duplex manufacturer until plans, specifications,
7
procedure manual, and letter of certification have been reviewed by the Division of Motor
Vehicles. Plans, specifications, procedure manual, and letter of certification must be submitted
in a format acceptable to the Division of Motor Vehicles.
(3) A data sheet shall be permanently affixed (glued) in the back bedroom closet of the
duplex mobile home. The data sheet shall include the manufacturer's name and address, heat
loss/gain or BTU Rating, and structural zone map of USA.
Specific Authority 320.011, 320.824(1) FS. Law Implemented 320.823, 320.8255, 320.827 FS.
History – New 1-25-75, Amended 2-25-76, 9-11-78, Formerly 15C-2.04, Amended 1-1-90,
9-24-90, 12-10-92.
15C-2.0041 Van Conversions.
A conversion van is a self-propelled motor vehicle converted to provide temporary living
quarters. In order for a converted unit to be subject to inspection, it must have one or a
combination of the following installed by a licensed recreational vehicle manufacturer.
(1) 120 volt electrical wiring.
(2) LP gas system.
(3) Plumbing system consisting of a bathroom with a drainage system.
Specific Authority 320.011 FS. Law Implemented 320.822(2), 320.8256, 320.827, 320.8225 FS.
History - New 12-10-92, 4-8-99.
15C-2.005 Red Tagging of New Mobile/Manufactured Homes.
(1) Units being offered for sale by a manufacturer or dealer not currently licensed to do
business in the State may be red tagged. All units not complying with the appropriate codes as
defined in 320.822(2), F.S., or not having an appropriate seal or label shall be red tagged. Units
which have been red tagged or have had a notice of violation written listing deviations, code
8
problems, etc., shall not be sold or offered for sale until corrections have been made and
reinspection completed by a Florida Mobile Home and Recreational Vehicle Inspector. A unit
cited with a notice of violation or red tag can only be released by a Florida Mobile Home and
Recreational Vehicle Inspector.
(2) All units with deviations, code problems, etc., written up on a notice of violation or
red tagged shall not be removed from the manufacturer's premises, dealer lot location, storage lot
or location where unit is tagged or notice of violation written, without prior approval from the
Division of Motor Vehicles (Bureau of Mobile Home and Recreational Vehicle Construction).
The criterion for division approval shall be that all deviations which were the basis for the notice
of violation or red tag have been removed. This department must be given a minimum of three
(3) days notice when the deviations have been corrected so that reinspection of these units can be
scheduled.
(3) New duplex mobile homes found with deviations during plant or dealer lot
inspections will not have a validation sticker affixed. In the event a unit is found with a validated
seal and deviations, the validation sticker shall be invalid. These units will be red tagged with
notice of violations written and shall not be sold or offered for sale until deviations have been
corrected. UNITS WITH UNVALIDATED SEALS SHALL NOT BE OFFERED FOR SALE,
SOLD OR MOVED FROM THE PREMISES.
Specific Authority 320.011 FS. Law Implemented 320.827, 320.8255, 320.8256 FS. History -
New 1-25-75, Amended 2-25-76, 9-11-78, Formerly 15C-2.05, Amended 1-1-90, 12-10-92,
4-8-99.
15C-2.0071 Duplex Mobile Home and Park Trailer Setup.
9
Manufacturer shall furnish complete printed setup, blocking and anchoring instructions
with each unit based on the design of the unit being sold or offered for sale in Florida.
Specific Authority 320.011 FS. Law Implemented 320.8231, 320.8255, 320.8256 FS. History -
New 1-1-90, Amended 4-8-99.
15C-2.0072 Setup Operation by Licensed Dealers, Manufacturers and Installers.
(1) Mobile/manufactured home dealers, manufacturers and installers licensed by the
department are authorized to acquire local building permits and may subcontract with licensed
installers and/or licensed subcontractors to perform any portion of the installation which renders
the home fit for habitation. Mobile/manufactured home dealers, manufacturers and installers,
who have met the requirements of section 320.8249, F.S., may perform setup operations as
prescribed in section 320.822(14), F.S. Florida licensed manufacturers and dealers are not
required to acquire local building permits to perform warranty service.
(2) Prior to a mobile/manufactured home or park trailer being moved to the site for setup,
the installer, dealer or manufacturer shall assure that the necessary permits have been obtained
from the local building department and that the state installation decal required by section
320.8249(14), F.S., is affixed to the mobile/manufactured home.
(3) Setup operation of new mobile/manufactured homes and park trailers shall be
performed in compliance with the installation instructions which are required to be provided by
the manufacturer with each mobile/manufactured home and park trailer. Installation standards
for used mobile/manufactured homes and park trailers shall be in compliance with the
manufacturer's installation instructions if available. If not available, used mobile/manufactured
homes and park trailers shall comply with the provisions of Rule 15C-1.010, F.A.C.
10
(4) Utility connections of a mobile/manufactured home or park trailer by the licensed
installer, dealer or manufacturer shall include the following:
(a) The connection of electrical conductors between expandable or multi-wide units but
not the main power source.
(b) Sewer connection drainage shall include the connecting of all drainage dropouts
underneath the mobile/manufactured home or park trailer to an existing sewer tap or septic tank.
(c) Potable water connection shall include the connecting from the potable water
connection on the mobile/manufactured home or park trailer to an existing water meter, water tap
or other independent water supply system.
(5) All work performed at the setup site shall be inspected by the local building official,
including setup operation performed by a licensed dealer, manufacturer or installer. A Certificate
of Occupancy shall be issued by the local building department only after ascertaining that all
work performed is in compliance with this rule and applicable codes. Violations by Florida
licensed dealers, manufacturers and installers shall be reported in writing to the Division of
Motor Vehicles. Violations shall be investigated and appropriate action taken by the department.
(6) Structural additions, including, but not limited to add-a-rooms, roof-overs, porches
and carports, when attached to an existing unit shall have provisions for piers or be blocked or
otherwise supported under the existing unit so that all loads are transferred directly to the ground.
This requirement shall not apply if the added structure is free standing and self-supporting with
only the flashing attached or if the added unit is being designed to be married to the existing unit.
All additions shall be constructed in compliance with State and locally adopted building codes.
(7) Only those dealers, manufacturers and installers licensed under the provisions of this
rule shall inspect blocking and tie downs on existing occupied or previously installed
11
mobile/manufactured homes. Any changes in blocking or tie downs shall be under the guidelines
specified in this rule.
Specific Authority 320.011, 320.8249 FS. Law Implemented 320.822(14), 320.77, 320.8285,
320.8325 FS. History - New 5-13-93, Amended 4-8-99.
15C-2 .0073 Installer Licensing Procedures and Requirements.
(1) Installers License Required.
No person may perform manufactured/mobile home installation unless licensed by the
department pursuant to section 320.8249, F.S., regardless of whether that person holds a local
installer's license or any other local or state license.
(2) Requirements and Procedures to Obtain and Maintain a Manufactured/Mobile Home
Installer License.
(a) Any person who wishes to obtain a manufactured/mobile home installer's license
must comply with the requirements of section 320.8249, F.S.
(b) A general liability insurance policy for $100,000 and performance bond for $5,000
are required for licensing pursuant to section 320.8249(3), F.S., and must be maintained in full
force during the licensing period.
(c) An installer's license shall not be transferable.
(d) License cancellation, revocation and reinstatement.
1. Cancellation by operation of law, failure to renew.
Any installer who has failed to submit a renewal application by October 1 shall pay a renewal
application fee equal to the original application fee. Application fees are not refundable.
2. Cancellation due to failure to maintain required performance bond and/or liability
insurance.
12
If a licensed installer fails to maintain in effect the required performance bond and/or
liability insurance, the license shall be revoked by the department. The license shall be reinstated
by the department if certificates of insurance are submitted within 10 days of revocation provided
the performance bond and/or liability insurance has been secured for the full term of the license
period.
3. Revocation due to disciplinary penalty.
An installer whose license has been revoked due to disciplinary penalty may apply to the
department for license reinstatement. In making the determination whether or not a revoked
license will be reinstated, the department shall consider whether such installer has corrected the
conditions that led to the revocation action and that such installer is capable of competently
engaging in the business of mobile/manufactured home installation.
(3) Scope of Work.
(a) A licensed installer is authorized by this rule to perform all of the setup operations
necessary to make a mobile/manufactured home habitable. These operations as defined in
320.822(14), F.S., include, but are not limited to, transporting, positioning, blocking, leveling,
supporting, tying down, connecting utility systems, making minor adjustments or assembling
multiple or expandable units.
(4) Direct Employees of a Licensed Installer.
A direct employee of a licensed installer working under the supervision of the licensee
and within the job scope of the licensee is not required to be licensed as a mobile/manufactured
home installer. The licensed installer is responsible for supervising all such employees and for
the proper and competent performance of all employees working under their supervision.
(5) Employees of a Licensed Mobile/Manufactured Home Dealer or Manufacturer.
13
(a) An employee of record for the dealer installer or manufacturer installer is not required
to be licensed as a mobile/manufactured home installer. The dealer installer or manufacturer
installer is responsible for supervising all such employees and for the proper and competent
performance of all employees working under his or her supervision.
(b) Licensed mobile/manufactured home dealers and manufacturers who perform
installations must submit a copy of the certificate for their employee of record who attended the
8-hour installation training course provided by this department.
(c) “Employee of record” shall mean an employee reported on the manufacturer's or
dealer's federal Tax Form 941.
(6) Installation Warranty.
Each installer who installs a mobile/manufactured home shall warrant the installation and
weather sealing, including sealing the bottom board of the home to prevent air infiltration of the
home for a period of twelve (12) months beginning on the date of installation.
(7) Installation Decals.
Beginning October 1, 1996, all mobile/manufactured homes installed in Florida must bear
an installation decal issued by the department. Persons authorized to perform
mobile/manufactured home installations shall purchase installation decals from the bureau,
subject to the following:
(a) Installation decals may be purchased by submitting a request on form Mobile Home
Installation Decal Order Form, HSMV – 81404 (effective 7/97) incorporated by reference, to:
Bureau of Mobile Home and Recreational Vehicle Construction
Department of Highway Safety and Motor Vehicles
2900 Apalachee Parkway - MS66
14
Tallahassee, FL 32399-0640
(850/413-7600 or FAX 850/488-7053)
(b) The installation decals shall be purchased for a fee of ten ($10.00) dollars for each
installation decal, the fee shall be paid to the Division of Motor Vehicles.
(c) Upon written request, a refund will be granted on all unused decals returned to the
bureau by the original purchaser, but there shall be no refund for decals that are reported lost or
damaged.
(d) One decal must be placed on each home prior to installation.
(e) The decal shall be affixed adjacent to the HUD label on the mobile/manufactured
home. If the mobile/manufactured home is a pre-HUD home, or if the HUD seal has been
removed or concealed, the installation decal shall be affixed to the lower left corner at the
taillight end of the mobile/manufactured home.
(8) Minimum Permitting Requirements.
A building permit issued by the local building authority must be obtained prior to the
installation of any new or used mobile/manufactured home. The building permit application
shall include, but not limited to a scale drawing of all pier block locations and foundation or
footer dimensions and the soil load bearing capacity at the installation site. The soil load bearing
capacity can be determined by a penetrometer test performed by a licensed installer, a general
soil load bearing capacity declaration by a local building official or a test performed by a
geotechnical testing company. When the soil load bearing capacity is not known, pier placement
shall be based on a soil load bearing capacity of 1,000 psf. (See example of pocket penetrometer
test.)
15
Pocket Penetrometer Test
• Test the perimeter of the home at six(6) locations
• Take the reading at the depth of the footer
• Using 500 lb increment, take the lowest reading andround down to that increment.
perimeter
test locations
Specific Authority 320.8249, 320.011 FS. Law Implemented 320.8249 FS. History – New 4-8-99.
15C-2.0081 Mobile/Manufactured Home Repair and Remodeling Code.
These guidelines shall be used to assure safe and livable housing and shall not be more
stringent than the standard to which the home was originally constructed.
(1) Structure.
(a) Additions, including, but not limited to add-a-rooms, roof-overs and porches shall be
free standing and self-supporting with only the flashing attached to the main unit unless the
added unit has been designed to be married to the existing unit. All additions shall be
constructed in compliance with State and locally adopted building codes.
16
(b) Anchoring of additions shall be in compliance with requirements for similar type
construction.
(c) Repair or remodeling of a mobile/manufactured home shall require the use of
material and design equivalent to the original construction. Structure shall include, but not be
limited to, roof system, walls, floor system, windows and exterior doors of the
mobile/manufactured home.
(2) Electrical repair and replacements shall require the use of material and design
equivalent to the original construction.
(3) Plumbing repairs and replacements shall require the use of material and design
equivalent to the original construction.
Specific Authority 320.011 FS. Law Implemented 320.8232, 320.8245, 320.8285 FS. History -
New 1-1-90, Amended 12-10-92, 4-8-99.
15C-2.009 General.
No products, materials, or method of installation, will be accepted or allowed, unless
incorporated in the codes set forth in Section 320.822(3), F.S.
Specific Authority 320.011, 320.822, 320.824 FS. Law Implemented 320.822, 320.823, 320.824
FS. History – New 1-25-75, Amended 9-11-78, Formerly 15C-2.09.
15C-2.010 Forms.
All forms mentioned in or required by this rule chapter may be obtained without cost by
contacting the Bureau of Mobile Home and Recreational Vehicle Construction, Department of
Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Tallahassee, Florida 32399-
0640.
17
Specific Authority 120.53(1)(b) FS. Law Implemented 120.53(1)(b) FS. History – New 9-11-78,
Formerly 15C-2.10, Amended 12-10-92.
15C-2.011 Wheels, Axles and Drawbar.
(1) Definitions.
(a) “Dealer” means a mobile home dealer as defined in Section 320.77(1)(a) and
320.822(8), F.S.
(b) “Manufacturer” means a manufacturer of mobile/manufactured homes as defined in
Section 320.822(9), F.S.
(c) “Mobile Home” means those dwelling units as defined in Section 320.01(2)(a), F.S.
(d) “Manufactured Home” means those dwelling units as defined in Section 320.01(2)(b).
(e) “Running Gear Assembly” means a mobile/manufactured home chassis subsystem
consisting of suspension springs, drawbar, axles, bearings, wheels, hubs, tires, and brakes, with
their related hardware.
(2) (a) Pursuant to Subpart J of the Manufactured Home Construction and Safety
Standards, as developed by the United States Department of Housing and Urban Development,
Sections 3280.901 – 3280.904, an integral part of a mobile home or manufactured home includes
a complete running gear assembly.
(b) In order to clarify whether the assembly is included in the sale, no dealer or
manufacturer shall sell or deliver a mobile/manufactured home to a retail purchaser without
disclosing whether the running gear assembly is included in the transaction. The disclosure must
be in written form, such as the following:
18
The sale of this mobile/manufactured home, (VIN Number),
(Year & Make), includes/excludes (strike one) the running gear assembly
(suspension springs, axles, bearings, wheels, hubs, tires, brakes).
Dealer/Manufacturer Purchaser
Dated Dated
(c) The absence of a written disclosure or the failure to strike the inapplicable work
(include/exclude) will be interpreted as meaning the running gear assembly was to be included in
the sale. No oral agreements, whether witnessed or not, will be acceptable.
(d) A copy of the disclosure shall be maintained by the dealer or manufacturer as part of
the sale records and will be subject to periodic inspection by the Department.
(3) The failure to maintain a disclosure statement or to comply with the requirements of
this rule will result in disciplinary action against the dealer or manufacturer pursuant to Chapter
320, F.S.
Specific Authority 320.011, 320.824(1) FS. Law Implemented 320.823, 320.822(3) FS.
History – New 3-19-84, Formerly 15C-2.11, Amended 12-10-92.
Amended 4/99G:\mhrv\15C2 Final